Case Digest: ANECITO CALIMPONG et al. v. HEIRS OF FILOMENA GUMELA

ANECITO CALIMPONG et al. v. HEIRS OF FILOMENA GUMELA

486 SCRA 441 (2006)

The jurisdiction of the Director of Lands is limited only to public lands and does not cover lands privately owned.

The subject lot was acquired by the heirs through a cadastral proceeding. The heirs of Gumelas (heirs) decreed ―the owners in fee simple‖ of a lot located in Zamboanga Del Norte without certificate of title was issued and registered in their names. The respondent heirs of Gumelas learned that the lot was being occupied by petitioner Calimpong.

It turned out that Calimpong filed in 1976 an application for Free Patent over the lot, which the application he followed up with the Bureau of Lands when his possession was ―disturbed‖ by the heirs. The heirs thereafter filed before the Regional Trial Court of Dipolog City a complaint for quieting of title, damages, with prayer for preliminary injunction against Calimpong and his wife. Subsequently, the Original Certificate of Title (OCT) was issued in the name of Calimpong.

The RTC rendered judgment in favor of the heirs. It held that the title of the heirs is based on a grant thereof to the predecessors-in-interest by the government in cadastral proceedings and by such grant, the lot ceased to be part of the public domain as it become private property. It concluded that the free patent and the title issued to Calimpong were null and void. On appeal, the Court of Appeals affirmed the decision of the trial court.

ISSUE:

Whether or not the Bureau of Lands has the authority to grant a Free Patent for a land ceased to be a public land

HELD:

Under the provision of Act No. 2874 pursuant to which the title of Heirs‘ predecessor in interest was issued, the President of the Philippines or his alter ego, the Director of Lands, has no authority to grant a free patent for land that has ceased to be a public land and has passed to private ownership, and a title so issued is null and void. The nullity arises not, from the fraud or deceit, but from the fact that the land is not under the jurisdiction of the Bureau of Lands. The jurisdiction of the Director of Lands is limited only to public lands and does not cover lands privately owned. The purpose of the legislature in adopting the former Public Land Act, Act No. 2874, was and is to limit its application to lands of the public domain, and lands held in private ownership are not included therein and are not affected in any manner whatsoever thereby. Land held in freehold or fee title, or of private ownership, constitute no part of the public domain and cannot possibly come within the purview of said Act No. 2874, inasmuch as the “subject” of such freehold or private land is not embraced in any manner in the title of the Act and the same are excluded from the provisions of the text thereof.

Since the DENR had no authority to grant a free patent over the lot, Free Patent No. 09721093961 issued on August 17, 1993 by the PENRO of Zamboanga del Norte and Original Certificate of Title No. P-33780 issued on August 19, 1993 by the Register of Deeds of Zamboanga del Norte in favor of petitioner Calimpong are null and void.